WAPAKONETA CITY COUNCIL APRIL 7, 2014
President Steve Henderson called the meeting to order at 7:30pm on April 7, 2014 at 701 Parlette Court with the following members present: Jim Neumeier, Dan Lee, Bonnie Wurst, Chad Doll, Randy Fisher, Rachel Barber, and Dan Graf. Also present were Mayor Rodney Metz and 12 visitors. Service Director Bill Rains was absent. Law Director Dennis Faller arrived at approximately 8:10pm.
Motion by Fisher, second by Doll to approve the minutes of the March 17, 2014 council meeting.
Vote – 7 yeas, 0 nays.
Received Income Tax Summary Report for Month Ending 03-31-2014.
Lands & Buildings Committee – a meeting was held on 03-25-2014 and the following was discussed:
The group first discussed the list that Graf had distributed (via email) re certain deteriorating properties in the city.
Lloyd's Barbershop—Rains has obtained an agreement for repair by the end of April.
Koneta Rubber—Rains expects that remediation will be completed by March 28, but Metz believes that several more loads have been dumped. Graf believes that the City should be documenting activity at the site with photographs.
214 East Benton Street—Rains is aware of the problems there, and has “had a conversation” with the owners.
Graf noted front porch issues and a general lack of maintenance at 208 and 108 East Benton. He stated that we, as the City, need “to start a clock,” to encourage compliance in resolving maintenance and repair issues.
706 Park Street—Rains noted that the owners are in the process of cleaning out the interior. Metz stated that the inside is being gutted, and that the dumpster has been filled and emptied three times.
Hamilton Inn—Kendall Krites spoke with the owners and was told that they had finally received their insurance settlement pursuant to the windstorm in June 2012. Rains asked whether Graf wanted the building repaired or knocked down, to which Graf replied that he didn't believe that “there are grounds to knock it down.” Metz noted that Krites has been speaking with the Hamilton Inn owners for a couple of months.
The group then discussed the sign that had been erected to the west of Au Glaize Real Estate, with Doll noting that the sign had been removed. Graf inquired as to how that sign could have been approved as a temporary sign, as the owner had been given permission to install the sign by the Engineering Department.
According to City Ordinances, a temporary sign cannot exceed 50 square feet and should serve to advertise “special public or institutional events.” It was asked what category signs for developments fell under. Metz will discuss with the Engineering Department how staff there came to believe that the Au Glaize Real Estate sign would have qualified as a temporary sign. Barber and Graf emphasized the importance of precedent that all applications should be treated with the same protocol or we will not be able to enforce our ordinances.
Barber asked about the signs attached to the fence surrounding the retention pond in front of Wal Mart (specifically, what was their category?). Rains will check.
Metz will forward the three or four ordinances from Amy Odum and the City of Lima that they use to address building/property deterioration.
Barber then asked about the status of the former gas station site at 204 East Auglaize Street. Rains reported that he is still waiting on the outcome of contract negotiations between the seller and the law director.
Barber asked whether the City was going to take advantage of the clause in the sales contract that allows a buyer to conduct tests on the site within a given number of days after the sale is commenced. Rains replied no, that the Ohio Department of Commerce/Bureau of Underground Storage Tanks had issued an “NFA” on the site (that is, no further action). Barber noted that mitigation had been undertaken on the site after it ceased being used as a gasoline station, documentation of which she had obtained from the Ohio Department of Commerce. (She will forward said documentation to the committee members.) Her concern was that additional unknown contamination might be present. She had been advised by a local business owner who had faced a similar situation that hiring an independent consulting firm to conduct tests was well worth the few thousand dollars it would cost. She explained that this business owner had noted that, if the City sells the property to a new owner and said new owner goes to dig a footer and encounters contamination, the City will be in trouble.
Rains stated that the City will pass along the liability to the next owner, when the property is sold.
The group then turned to WAEDC director Greg Myers for information about promoting retail development. Myers responded that WAEDC's position is that it responds to retail inquiries. As an example, he noted that national retail chain had made such an inquiry in regard to 204 East Auglaize Street.
The national retailer subsequently declined to purchase the property because of
a) the liability associated with the property, which the buyer was asked to assume; and
b) the indemnification that the seller required, that is, if a lawsuit should occur, the buyer indemnifies the seller for “all legal costs related to being sued.”
Metz stated that the reason the chain did not buy 204 East Auglaize was because of the noncompete clause (in regard to the sale of cigarette and petroleum products). Myers responded that the potential buyer never brought that issue to his attention, but stated that the liability and indemnification issues had halted the sale.
Metz noted that the owner of the building to the east of 204 wanted to modify the building but the costs were prohibitive for him.
Myers then asked Doll to explain the updates on retail development re WAEDC that had occurred at the organization's March meeting.
Doll reported that the board had agreed to the creation of a WAEDC retail committee, whose members would include Bill Rains, Josh Hines, Deb Zwez, and himself. The group will meet on April 2. The resources of WAEDC will be used to identify properties and developers, to serve as a matchmaker of sorts for the two entities.
Graf noted that efforts like hosting potential developers, such as the owner of Lima's Met might be fruitful. Doll confirmed that sometimes schmoozing is involved. Myers also stated that a group from Wapakoneta has visited the Met.
The group also discussed Take it From the Top, where a potential purchaser does not wish to retain the building's historic cabinetry (from its Nagel Electric days), and the material is free for the taking.
Metz presented a vision for a Lengerich Garten that would be located just south of the police station by Sister Cities in celebration of its upcoming anniversary with Lengerich, Germany. The latter has developed a Wapakoneta Platz in its town. The preliminary estimate for the preliminary plans came in at $40,000, which was a daunting figure to the local Sister City representatives. The group discussed options for making the project fiscally realistic (donated labor and materials, pavers with donor names, etc.)
Graf made a motion, seconded by Doll, to approve going forward with the planning. The motion passed unanimously.
Mr. Graf asked that a comment he had made regarding the potential for a restaurant in a particular building on Auglaize Street be omitted from the Lands & Buildings minutes, as this was just a casual comment and no plans have been made to act on the idea. Ms. Barber omitted this from said minutes.
Mr. Neumeier asked for an update on Koneta Rubber. Mayor Metz replied that he would have more information on this when SSD Bill Rains returns.
Communications & RulesCommittee – a meeting was held on 03-26-2014 and the following was discussed:
Following a brief discussion and on a motion by Wurst and second by Graf, committee voted 3-0 to endorse the use of the services of Relocate.org to promote the City of Wapakoneta as a place to live and do business. The website creates and hosts promotional online videos for communities at no cost to the city. Several nearby communities are already using this service.
The committee resumed discussion of the purchase and installation of a white board and projector for council chambers. Mr. Rains stated there are funds already in the budget for such a project. Administration reported back to the committee that numerous city departments, including police, fire, and electric were very supportive of the idea and had uses for such devices in trainings and other such events. Mr. Schuler has estimated the entire project to total just under $5000. (Projector $2000, computer $750-1200, hardware $700, white board $500, wireless muse $50, misc. $150) Motion by Graf, second by Wurst to grant committee recommendation to proceed with the project. Motion passed 3-0.
Committee discussed several article ideas for inclusion in the May edition of The Informer.
Ms. Barber asked for a spelling correction: ‘wireless muse’ should read ‘wireless mouse’.
Finance Committee – a meeting was held on 03-19-2014 and the following was discussed:
- WAEDC request for increase in funding. Several documents were provided to the committee to show WAEDC receipts and expenses as well as information about funding of other EDC’s in the area. WAEDC requests $18,000 more from the city, the main source of income, for 2014. This increase will be used for director and assistant salaries.
The committee previously received information from DSS Rains that the funds were available in the 2014 budget.
Motion by Doll, 2nd by Neumeier, to have legislation prepared to increase the funding to WAEDC by $18,000 for one year, approved 3-0.
No future meeting was scheduled.
Streets & Alleys Committee – a meeting was held on 03-19-2014 and the following was discussed:
- Approved minutes of January 29, 2014 meeting with no corrections. Neumeier/Fisher, passed 3-0
- Mr. Hines asked the committee to consider opening the downtown emergency alley to the behind town parking lot. With the construction of the new interceptor storm sewer closing Blackhoof Street for approximately 3 weeks, he felt this would provide greater access to the parking area during the closing. The committee took this under consideration and will address the issue when construction is closer to Blackhoof. In the meantime, the committee requested repairing the pavement in the section of city right-of-way from the bottom of the hill on toward Dollar General parking lot. Mayor Metz offered to contact the owner of the Dollar General parking lot about the condition of that pavement.
- The condition of Cemetery Road between Bellefontaine St and Rt 33 By-pass was discussed. Heavy traffic on the road is causing the pavement and roadbed to deteriorate. Mary Ruck will prepare a cost analysis of repairs and investigate availability of grants for funding. It was noted that the railroad crossing belongs to Westchester Plastics and is their responsibility to keep repaired.
- There was a citizen inquiry asking to remove the traffic island and pylons at Gardenia & Hamilton. It was noted by Mayor Metz that the island was designed to create a safer intersection stating that a number of accidents had occurred there. After discussion, the committee felt the current lane markings are warranted and took no action on the request.
- The committee reviewed its previous recommendation to remove the ‘no right turn’ restriction at Defiance/Harrison intersection. The committee requested this to be put on hold until future of the Zip Stop building with its drive-up window is clarified.
- Meril Simpson reported that speed limit signs for the behind town parking lot have been ordered and should be received in about two weeks.
- Meril Simpson said the Wood/E. Auglaize intersection would have stop bars and cross walks painted as soon as weather permits. ‘Stop Ahead’ signs will also be installed.
- Mary Ruck reported that the contractor for Happy Daz has agreed in complete the sidewalk on 501 to the north edge of its property. Work will be completed when weather permits.
- Mr. Rains informed the committee that the Wood/ Pearl/ Bellefontaine Street traffic light replacement is scheduled to begin April 5.
- Mary Ruck reported the Glynwood Rd repaving project that will be done in partnership with Auglaize County. It will be possible to widen the pavement to provide a 4’ jogging/bike path on the north side of the road with a cost of approximately $16,000. More details will be developed.
- The committee had asked about possibility of installing sidewalk along west side of Lowe’s parking lot on to Bellefontaine Street. Mary Ruck reported that the tree lawn along that side of the lot is on Lowe’s property with no city easement. Mary will inquire with Lowe’s about possible options.
- Mary Ruck report that ODOT will no longer permit branding signs on interstate overpasses only names of towns. With the upcoming repairs of the Bellefontaine St. I-75 bridge and the 50th anniversary of the moonwalk in 2019, it was suggested that some design work could be done on the bridge to commemorate Wapakoneta as Armstrong’s hometown.
- Mary Ruck was pleased to announce that the East Auglaize Street reconstruction cost was $2,337,731.87. This was only .05% over budget and considered excellent by ODOT. Only work to be completed is tree plantings and mulching.
- Projects scheduled for 2014 were briefly discussed including Gibb Street sidewalk replacement, suggestions for downtown enhancements, SRTS Phase 3, and sidewalk maintenance.
Ms. Barber asked if the ‘no right turn’ sign was down for a few days at the intersection of Defiance and Harrison Streets. Mayor Metz advised that the sign being down was a mistake, and now the sign is back up.
Mr. Neumeier asked if the owner of the Dollar General property has been contacted. Mayor Metz replied that this contact must wait until SSD Bill Rains and Law Director Denny Faller return. Mr. Neumeier asked if the City owned the hill that leads up to the Dollar General property. Mayor Metz replied that a portion of the area is owned by the City, but not the hill. Mr. Graf pointed out that the potholes at the bottom of the hill need to be repaired.
Ms. Barber asked if the Glynwood Road proposed jogging path will be the same surface as the road, or separate. Mr. Graf noted that it would be the same surface, with the road being paved wider to accommodate the path.
Mr. Lee asked if the City’s name will be placed at the I-75 bridge during the upcoming repairs to that area. Mr. Graf advised that this was not discussed. Mr. Lee replied that he would be in support of having this done.
Communications -
Clerk McDonald again reminded Council to file their financial disclosure with the Ohio Ethics Commission, and advised that the deadline has been extended to May 15, 2014.
Guest Petitions -
Beth Steiner of 16003St. Rt. 198 requested Council’s support for a Wapakoneta Firecracker 5K Run on July 4, 2014. Ms. Steiner provided a map of the race route and registration materials to Council.
Mr. Neumeier pointed out that the construction projects on the race route might be in progress during the date of this race, and said projects may block the race route. Mayor Metz and Ms. Steiner replied that they will check with SSD Bill Rains upon his return about this concern.
Mr. Graf requested that the race organizers do not use permanent markings on the pavement.
Motion by Neumeier, second by Fisher to approve the request. Vote – 7 yeas, 0 nays.
Allison Brady of 08507 County Road 66A, and Director of the Heritage Trails Park District, spoke to Council about the upcoming levy on the ballotfor the Park District, and distributed their most recent newsletter for further information.
President Henderson advised that Marlene Froning wishes to speak to Council about a Bike Safety Day event, but was unable to attend the Council meeting. President Henderson will make contact with her to invite her to the next scheduled meeting.
New Business -
Mrs. Wurst reiterated the Finance Committee’s proposal that legislation be prepared to increase funding to WAEDC in the amount of $18,000 for a period of one year.
Motion by Wurst, second by Neumeier to approve the request. Vote – 7 yeas, 0 nays.
Mayor Metz advised Council that plans are underway for the next annual Hometown Holiday event, scheduled for December 6, 2014. Mayor Metz advised that the event will include a fireworks display, and that the Wapakoneta Police and Fire Departments are aware.
Mr. Fisher asked if Council action was needed at this time. Mayor Metz replied, no, and that street closings and other details about the event will follow at a later time.
President Henderson asked Clerk to read Ord 2014-08 for the third time re: ANNUAL APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING DECEMBER 31ST, 2014 AND DECLARING AN EMERGENCY.